It seems to be making Harvard University an exception to prosecution, and that might have something to do with the fact that Charles Nesson, William F. Weld Professor of Law at Harvard Law School, and founder and faculty Co-director of the Berkman Center for Internet & Society, and John Palfrey, Clinical Professor of Law and Executive Director of the Berkman Center are advising that universities should have no part in this "extraordinary process."

Apparently, the music industry is terrified that if it goes after Harvard in court, it will face some of the best legal minds in the U.S. who will shred its case against them completely.